General

67Recovery of expenses

(ii)in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act, or

(b)any work required under section 59,

from the owner or, as the case may be, occupier of the land on which the work was carried out if such expense is as a result of the actions of that person.

68Information about ownership etc. of land

(1)For the purposes of enabling it to exercise any of its functions under this Part, a local authority may require any person it believes to be the owner or occupier of any land to state in writing—

(a)the nature of the person’s interest in that land, and

(b)the name and address of any other person known to the person as having a interest in that land.

(2)Any person who—

(a)fails to comply with a requirement of a local authority under this section, or

(b)in answer to any such requirement, intentionally or recklessly makes any statement which is false or misleading in a material particular,

commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

69Damage to certain flood protection work

(1)Any person who intentionally or recklessly damages any—

(a)barrier, embankment or other work for defence against flooding constructed or otherwise created by a local authority—

(i)in exercise of any of its functions under this Part, or

(ii)in accordance with a flood prevention scheme confirmed under section 4 of the 1961 Act, or

(b)apparatus ancillary to such work,

commits an offence.

(2)For the avoidance of doubt, a person carrying out flood protection work under this Part does not commit an offence under subsection (1).

(3)It is a defence to a charge in proceedings for an offence under subsection (1) that the person did not know and had no reasonable means of knowing that the works or apparatus were for defence against flooding.

(4)A person who commits an offence under subsection (1) is liable on summary conviction—

(a)in the JP court, to imprisonment for a term not exceeding 60 days, or to a fine not exceeding level 3 on the standard scale, or to both,

(b)in the sheriff court—

(i)for a first such offence, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding the prescribed sum (within the meaning of section 225(8) of the Criminal Procedure (Scotland) Act 1995 (c. 46)), or to both, and

(ii)for any subsequent such offence, to imprisonment for a term not exceeding 6 months, or to the fine mentioned in sub-paragraph (i) above, or to both.

70Repeal of Flood Prevention (Scotland) Act 1961

The 1961 Act is repealed.

71Interpretation of Part 4

In this Part—

“relevant local flood risk management plan” means, in relation to a local authority, a local flood risk management plan for a local plan district that includes all or part of the local authority’s area,

“scheme documents” means, in relation to a proposed flood protection scheme, the documents containing the material specified in, or by regulations made under, section 60(2),

“statutory undertaker” means—

(a)

the holder of a licence under section 6(1) of the Electricity Act 1989 (c. 29),

(b)

a gas transporter within the meaning of Part 1 of the Gas Act 1986 (c. 44),

(c)

the Civil Aviation Authority,

(d)

a holder of a licence under Chapter 1 of the Transport Act 2000 (c. 38),

(e)

the operator of an electronic communications code network within the meaning of paragraph 1(1) of Schedule 17 to the Communications Act 2003 (c. 21), and

(f)

any other person who is a statutory undertaker within the meaning of section 214(1) of the Town and Country Planning (Scotland) Act 1997 (c. 8),

“statutory undertaking”—

(a)

means, in relation to a person mentioned in paragraphs (a) to (e) in the definition of “statutory undertaker”, the person’s undertaking,

Print The Whole Act

Print The Whole Part

Print This Cross Heading only

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Opening Options

Different options to open legislation in order to view more content on screen at once

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy

lists of changes made by and/or affecting this legislation item

confers power and blanket amendment details

all formats of all associated documents

correction slips

links to related legislation and further information resources

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy